Orange County NC Website
35 <br />Permitted facilities fall into such a state of disrepair that it creates a health <br />or safety hazard: <br />Facilities have been located constructed or modified without first <br />obtaining, or in a manner not authorized bv. the reauired Special Use <br />Permit. or any other necessary authorization and the Special Use Permit <br />may be revoked. <br />If the Countv makes such a determination as noted above. then the County shall <br />notify the holder of the facility Special Use Permit within forty-eight (481 hours <br />that said facility shall be removed. the County may approve an interim temporary <br />use aareement/permit. such as to enable the sale of the facility. <br />The holder of the Special Use Permit. or its successors or assigns. shall <br />dismantle and remove such facility, and all associated structures. from the site <br />and restore the site to as close to its oriainal condition as is possible. such <br />restoration being limited only by physical or commercial impracticability. within <br />ninety (90) days of receipt of written notice from the Countv. However. if the <br />owner of the property upon which the facility are located wishes to retain any <br />access to the facility. the owner may do so with the approval of the County. <br />If a facility is not removed or substantial progress has not been made to remove <br />the Facilities within ninety (90) days after the permit holder has received notice. <br />then the County may order officials or representatives of the County to remove <br />the facility at the sole expense of the owner or Special Use Permit holder. <br />If the County removes. or causes to be removed a facility. grid the facility owner <br />does not claim and remove it from the site to a lawful location within ten (10) <br />Notwithstanding anything in this Section to the contrary. the County may approve <br />a temporary use permit/aareement for the facility. for no more than ninety ~ (90) <br />days. during which time the holder of the Special Use Permit shall develop a <br />suitable plan for facility removal. conversion. or re-location. subject to the <br />approval of the County. and the holder of the Special Use Permit and the County <br />shall execute an aareement to such plan. If such a plan is not developed. <br />approved and executed within the ninety (90) day time period, then the County <br />may take possession of and dispose of the affected facility in the manner <br />provided in this Section and utilize the bond. <br />8.8.17a.4. Bond Security. <br />The applicant and the owner of record of any proposed facility property site shall. <br />at its cost and expense. be jointly reauired to execute and file with the County a <br />bond. or other form of security acceptable to the County as to type of security <br />and the form and manner of execution, in an amount of at least X75,000.00 for a <br />tower and with such sureties as are deemed sufficient by the County to assure <br />the faithful performance of the terms and conditions of this Section and <br />conditions of any Special Use Permit issued pursuant to this Section. The full <br />amount of the bond or security shall remain in full force and effect throughout the <br />term of the Special Use Permit and/or until any necessary site restoration is <br />com leted to restore the site to a condition comparable to that. which existed <br />prior to the issuance of the oriainal Special Use Permit. <br />